Sixty-five-year-old Richard Patterson is accused of killing Francisca Marquinez, 60, by choking her in 2015.

He claims it was an accident that happened when she was performing oral sex on him and now he wants to show the court his penis as evidence.

The medical examiner isn’t buying his defense, testifying on Thursday that it takes two to three minutes to die from choking, and Marquinez would have showed signs of a struggle.

“And if she can’t breathe, she usually would start kicking or biting or to do something to prevent this blocking of the airway, try to open this airway,” said associate medical examiner Louri Boiko. “It’s normal reaction of any person.”

The judge in the case has not yet decided whether Patterson will be allowed to show his penis in court.